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The lawyer Gheorghe Piperea specified what can be done, from a legal point of view, so that real estate developers meet their obligations and deadlines with the clients.
DC News: What can be done, from a legal point of view, when a real estate developer exceeds the term established in the pre-contract? Also, what if there is no delay compensation from the developer on the pre-contract?
‘Normally, there should be a provision in the pre-contract and compensation chapter. But if you don’t say anything, it doesn’t mean that no compensation is paid. But according to the law and the Civil Code, for the execution of a delayed work, the accumulated damages are paid. It is true that it is calculated at the level of the legal interest rate, which is the NBR interest rate.
If the apartment is at least partially finished, the beneficiary can ask the court to issue a decision to replace the contract. This is allowed by the Civil Code. If, in the meantime, the real estate developer entered bankruptcy, it is a bit more complicated because it requires a decision from the trustee but also the consent of the judicial administrator. ‘ Piperea said.
‘First of all, the man must look good in the contract. In the event of postponement situations, there are some penalties payable by the property developer. When the court is asked for a decision to replace the contract, sanctions are also required. Although it is more complicated, it can also be claimed if the company is in the process of insolvency. Obviously, they do not have the right to postpone the delivery of an apartment, but as long as the person does not do anything, remains passive, the real estate developer will do what their interest dictates ”. said DC News attorney Gheorghe Piperea.
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